Legal Opinion
Kaufman Malchman & Kirby, P.C. v. Hasbro, Inc.
District Court, S.D. New York
Decided July 5, 1995No. 93 Civ. 4962 (RLC)PublishedCited by 8 opinions
1Opinion of the Court
OPINION
ROBERT L. CARTER, District Judge.
Defendant Hasbro, Inc. (“Hasbro”) moves pursuant to Rule 12(b)(6), F.R.Civ.P., to dismiss plaintiffs complaint in its entirety, and in the alternative pursuant to Rule 56, F.R.Civ.P., for summary judgment against plaintiff on all claims.
I
For the purposes of this motion to dismiss, the court will assume the truth of the following facts asserted in plaintiffs complaint, and it will not dismiss the cause of action “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley…
2Cases cited26 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994
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3Cited by8 opinions
- New Tek Manufacturing, Inc. v. BeehnerNebraska Supreme Court · 2005
- Altman v. Bayer Corp.District Court, S.D. New York · 2000
- Continental AFA Dispensing Co. v. AFA Polytek, B v. (In Re Indesco International, Inc.)United States Bankruptcy Court, S.D. New York · 2011
- Central Laborers' Pension Fund v. BlankfeinAppellate Division of the Supreme Court of the State of New York · 2013
- Sebor v. RiefDistrict Court of Appeal of Florida · 1998
3 more not listed; retrieve them via the Exa API.